Section 116 of CrPC : Section 116: Inquiry as to truth of information.
CrPC
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Explanation using Example
Example 1:
Scenario: Ramesh, a local shopkeeper, is accused of inciting violence during a community festival. The police receive information that Ramesh is planning another disturbance.
Application of Section 116:
- Order under Section 111: The Magistrate issues an order under Section 111, requiring Ramesh to show why he should not be ordered to keep the peace.
- Explanation under Section 112: The order is read and explained to Ramesh in court.
- Inquiry under Section 116(1): The Magistrate begins an inquiry to determine the truth of the information received about Ramesh's alleged plans.
- Conducting the Inquiry: The inquiry is conducted in a manner similar to a trial, with evidence being recorded.
- Immediate Measures (Section 116(3)): The Magistrate, believing that immediate action is necessary to prevent a breach of peace, directs Ramesh to execute a bond with sureties to keep the peace until the inquiry is concluded. Ramesh is detained until he executes the bond.
- Completion of Inquiry: The inquiry is completed within six months. If not, the proceedings against Ramesh would terminate unless the Magistrate records special reasons for an extension.
Example 2:
Scenario: Sita, a known habitual offender, is suspected of planning a series of thefts in her neighborhood. The police receive credible information about her activities.
Application of Section 116:
- Order under Section 111: The Magistrate issues an order under Section 111, requiring Sita to show why she should not be ordered to maintain good behavior.
- Explanation under Section 112: The order is read and explained to Sita in court.
- Inquiry under Section 116(1): The Magistrate ...
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